To reinstate registration, a foreign not-for-profit corporation or LP must file the required report (see Form 802, Word, PDF) for not-for-profit corporations; Form 804 (Word, PDF for SQs), pay the appropriate filing and default fees, and pay all taxes, penalties and interest due (if applicable). SQs must attach to the regular report a letter of tax authorization from the Texas Comptroller of Public Accounts stating that the corporation has met all of its tax obligations with respect to the exemption and is eligible for reinstatement. There is no time limit when the foreign non-profit corporation or LP can reinstate its registration Select the jurisdiction under which the corporation was incorporated. If the jurisdiction does not appear in the drop-down list, select “Other” and enter the jurisdiction in the field provided. The Entity Name field is pre-populated with the name of the entity that you entered on a previous page or the assumed name that may have been entered. If this information is incorrect, click Back to return to the True name Availability Search page. Note: Companies performing work related to a disaster or emergency: Certain non-state enterprises entering the state to perform disaster or emergency work in that state during a disaster management period are exempt from the requirement to register as a foreign company under Chapter 112 of the Business and Commerce Code. If your out-of-state business is exempt, you can submit a notification statement to the Secretary of State. See Form 3901 (PDF) for non-state enterprises and Form 3902 (PDF) for affiliates in the state. All exceptions provided for in Chapter 112 of the Business and Commerce Code end at the end of the civil protection period. The Secretary of State cannot tell you if your business qualifies for an exemption under Chapter 112. A4. A company appointed as a registered agent must have an ordinary place of business in Colorado, and foreign companies (outside of Colorado) must also be licensed to do business in Colorado.
For an existing foreign entity that requalifies, the Entity ID Number field is pre-populated. If the foreign entity is registered with a reserved name or a real registered name, the Entity ID Number field is pre-populated with the ID number of the reserved name or registered real name. Q7. The company no longer operates in Colorado, how can we close our record? A declaration of registration of the real name is not required and does not give the foreign entity the power to do business in that state. If you have a foreign filing authority that doesn`t do business in Texas, the third consideration is whether registration is a prerequisite for getting the license you`re looking for. You should contact the agency or office that issues the license to determine if registration with the Secretary of State is required. If you wish to submit the documents yourself: All you have to do is sign up for our Colorado registered agent service and the foreign company form is immediately in your customer account. As a bonus, we`ve added a few submission tips on how to make submission to the state. Your company must have a registered representative in Colorado anyway, so we try to make this process an easy process for you, whether you want us to file your documents or you want to make the submission yourself. Note: Using an assumed entity name is not common. An assumed entity name is not the same as a trade name or a database administrator name.
Further information can be found in the glossary and in the FAQ. Step 7 – The second section requires the original form submitted to the home state when the company that formed the Colorado entity was first activated by its Secretary of State (or a similar entity). The first field is labeled “Form.” Specify which form was used to start the business that a business wants to operate in the state of Colorado. You can select one of the following types from a drop-down menu: Foreign Company, Foreign Limited Liability Company, Foreign Limited Liability Company, Foreign Limited Liability Company, Foreign Limited Partnership Association, Foreign Non-Profit Corporation, Foreign Cooperative, Foreign Limited Liability Association or other. Below is a field called “Form (if others)”. This cell can be used to describe in more detail the statuses that were used to form your business. Any communication sent by the Secretary of State will be sent to the registered address or principal place of business of the foreign company, as indicated in the Records of the Secretary of State. For this reason, it is important to keep information about registered agents and head offices up to date. However, in the circumstances described above, the Secretary of State may take steps to revoke the registration of the foreign company if the company fails to take steps to remedy the defect within 15 days of the date on which the notice of default was sent to the company. If the company`s legal name does not meet the above requirements, the company must register in Texas under an assumed name (d/b/a).
This particular type of alias is often called a fictitious name. A foreign limited liability partnership doing business in Texas must apply for two certificates of registration. An LLLP company in Texas must register both as a limited partnership and as a limited partnership. Step 6 – The first section of this form gives you the opportunity to verify the name you have chosen for this foreign company. Check the identification number (it is empty if it does not apply), the name of the entity (the name under which the founding company will operate) and the real name. Make sure that this information is correct, and then proceed to the next section. Q8. The company has been withdrawn (or revoked), how can we start doing business in Colorado again? No member of the Secretary of State can determine whether a company does business in Texas or must file an application for registration. Deciding to register is a business decision that can have tax consequences, raise legal issues, or affect licensing by another agency or state agency.
If the foreign company has ceased to exist in its jurisdiction of the organization and its registration is not successful due to a merger or transformation, the company must terminate its registration. This is done by presenting a certificate from the competent case agent in the company`s founding jurisdiction (usually the Secretary of State), which shows the dismissal. The certificate may be either a certificate proving the fact that the company has been dissolved, amalgamated, etc., or a certified copy of the dissolution, amalgamation or conversion. Form 612 (Word, PDF) can be used as a cover letter for the certificate required for termination. The registration fee is $15 ($5 for not-for-profit organizations and co-operative associations). Yes. A serial LLC incorporated under the laws of another jurisdiction is treated as a single legal entity for qualification purposes. The LLC itself, not the individual series, should register as a legal entity doing business in Texas. The Secretary of State has a separate application for registration for the foreign series LLC. See Form 313 (Word, PDF). If each OR a series of LLCs doing business in Texas operates under a name other than the name of the LLC, the LLC must file an accepted name certificate in accordance with Chapter 71 of the Texas Business & Commerce Code. See Form 503 (Word, PDF).
If a foreign company does business in Texas without registering, look for the availability of the presumed entity name (if any) Step 8 – Next, you need to document the identity and address of that company`s registered agent. This entity can be a natural adult or a business entity. In both cases, the identity of the registered agent must be defined, as this is the party who receives the court documents in the event of a lawsuit from the incorporated company. You can only report one party, so don`t complete both the “(if a person)” section and the “(if an entity)” section. Only one of them must contain information. Regardless of the type of party, enter its full name. The Secretary of State is required to inform the foreign company in writing of the delay or default before taking any action to revoke its registration. Failure to remedy the defect or infringement before the 91st day following the sending of the notification will result in the revocation of the registration of the foreign company. That depends. Filing a name registration does not give a company the power to do business in Texas.
A valid name registration prevents another company from filing under a legal or fictitious name that cannot be distinguished in the Secretary of State`s records. A name registration is valid for one year and can be extended. The Entity Identification Number is the number that the Colorado Secretary of State assigned to the entity after it was registered in Colorado. .